HAR NARAIN Vs. LALA HEMANT PAT SINGHANIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 25.10.2002 passed by Additional District Judge, Jalaun at Orai in civil appeal no. 143/1995 Lala Hemant Pat Singhania v. Har Narain.

(2.) Original suit no. 142/1988 (Lala Hemant Pat Singhania v. Har Narain) was filed for the relief of eviction and realization of damages. The plaint case in brief was that earlier owner of the disputed property was Lala Radha Kishun who established an oil mill and constructed buildings including the residences for employees. He had admitted defendant Har Narain over disputed property as licensee, on condition that he will maintain it, carry on its repairing, and the vacate it when asked to do so. After the death of Lala Radha Kishun the plaintiff became owner of the disputed property. The plaintiff was in need of disputed property for the purpose of business so he asked the defendant to vacate this property, and served a legal notice dated 17. 9. 1987 for vacating it and handing over its possession to plaintiff, but instead of the vacating that defendant gave incorrect reply with averment that he had constructed the house in question and his status is that of irrevocable licensee. Then the plaintiff filed suit for eviction of defendant from disputed property and for realization of damages for its use and occupation.

(3.) The defendant filed written -statement by which he admitted that receiving of notice of the plaintiff and reply given by him but he denied the plaint case and further pleaded that he had constructed the building present on disputed property from his own money and is owner of the same. He had been admitted on 60 Dismil land in year 1946 from Lala Radha Kishun, and then spent Rs. 10,000/ - for raising the construction. The plaintiff has knowledge of this construction since 1974 without any objection. Now plaintiff has no right to cancel the license. Plaintiff had never promised Lala Radha Kishun to vacate the property on asking. Plaintiff's case is based on incorrect facts and is liable to be dismissed.